RAMNATH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 21.02.1997 passed by Additional Sessions Judge, Waraseoni, District Balaghat in S.T. No.164/1993 whereby the appellant has been convicted under Section 304 Part-II of the I.P.C. and sentenced to R.I. for 7 years.

(2.) Facts in short, are that deceased Jayesh Kumar and appellant/accused Ramnath were doing some mining work as partners. There was some monetary dispute in this regard. On 05.02.1993, in the evening, appellant called Jayesh Kumar to his house, where he was brutally beaten by the appellant. After receiving the aforesaid information, brother of Jayesh Kumar and his colleague went to the house of appellant. They saw that appellant making the assault on Jayesh Kumar. They took Jayesh Kumar to his house and thereafter rushed to the hospital, from where he was referred to Nagpur Medical College and ultimately on 10.02.1993, he succumbed to the aforesaid injuries.

(3.) Initially merg was registered against the appellant. After due investigation, appellant has been charge sheeted before Judicial Magistrate First Class, Waraseoni, who in turn committed the case to the Court of Sessions. The Sessions Judge made over the case to the trial Court. Additional Sessions Judge framed the charge under Section 302 of the I.P.C. against the appellant.